D-6 C15-2021-0035 ADV PACKET — original pdf

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BOA GENERAL REVIEW COVERSHEET CASE: C15-2021-0035 BOA DA TE: April 12th, 2021 ADDRESS: 1409, 1501 & 1505 W. 3rd St and 300 & 301 Pressler COUNCIL DISTRICT: OWNER: Steven D. Ogden AGENT: Nikelle Meade St 9 ZONING: CS-CO-NP and LI-CO-NP LEGAL DESCRIPTION: Z; .309 AC OF OL T 11 DIVISION Z; and 1.0960AC OF OL T 1 DIVISION Z .759 AC OF OLT 1 DIVISION Z; 0.123 AC OF OLT 1 DIVISION Z; .974 AC OF OLT 1 DIVISION VARIANCE REQUEST: increase height limit from 60 feet to 75 feet SUMMARY: erect Multi-Family Residential Mixed Use ISSUES: long narrow configur ation, heritage trees, slopes, easements North LI-PDA-NP; LI-CO-NP; GR- Industrial Service-Planned Development Site CS-CO-NP; ZONING LI-CO-NP MU-V-CO-NP South P-NP East LI-CO-NP West P-NP Services; Limited LAND USES Service Commercial General Industrial Limited Area; Community Public Limited Industrial Public Commercial-Mixed Use Council of Austin Association Neighborhood Empowerment School District Neighborhoods Independent Lost and Found Pets Neighborhoods NEIGHBORHOOD ORGANIZATIONS: Austin Austin Austin Bike Austin Friends Homeless Neighborhood Old West Austin Old West Austin Preservation Austin SELTexas Creek Assn. Save Barton Save Historic Muny District Shoal Creek Conservancy Sierra 1NR BCP -Travis Neighborhood Neighborhood Club, Austin Regional County Natural Group Foundation Resources Association Plan Contact Team D-6/1O L F WIN 6TH N A H T R A H 5TH H S L A W D R A H C R O 4TH D N A L K A O R E L S S E R P RESERVE N N T LY S E W L L E W O P L U A P 3RD S T E P H E N F A T O C E S A R C E B C ES A R C H AVEZ ! ! ± SUBJECT TRACT PENDING CASE ! ! ! ! ZONING BOUNDARY NOTIFICATIONS CASE#: LOCATION: C15-2021-0035 300 & 301 PRESSLER STREET AND 1409, 1501, 1505 W 3RD ST This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries. 1 " = 250 ' This product has been produced by CTM for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. D-6/2Nikelle S. Meade Partner 111 Congress Avenue, Suite 1400 Austin, Texas 78701 Direct: 512.479.1147 March 4, 2021 Elaine Ramirez Planner Senior / Board of Adjustment Liaison The City of Austin Re: Request for Variance from a Waterfront Overlay Height Restriction for an Approximately 3.189-Acre Property Located at 300 and 301 Pressler Street and 1409, 1501, and 1505 W. 3rd Street in Austin, Texas (the “Property”) Dear Elaine: On behalf of property owners Pressler RRI, LP and Steven Ogden, please find the attached variance request to increase the maximum height of structures located on the above-referenced properties within the Lamar Subdistrict of the Waterfront Overlay from 60' to 75' to construct a multi-family residential development with an accompanying commercial use. The Property is composed of three tracts of land planned which will be developed as a single project (a tract map is attached as Exhibit A). Approval of the requested variance would allow for the development of residential units, public space, and significant public benefits. If the variance is approved, there will be no degradation of the stated goals of the overlay, which includes recognition of the potential of the waterfront as an open space connector, form-shaping of urban development, and creation of the waterfront as a focal point for lively pedestrian-oriented mixed uses. Achieving these goals would be accomplished by the construction of a new public plaza, park entrance, and pedestrian amenities. Approval of the variance and overall project will result in a new trail through the Property to provide a new access point to the Colorado River Corridor where no direct access currently exists. Such connectivity would be significant due to the historic bifurcation of the area by the railroad and topography and due to the nature of the surrounding area, which includes multi-family dwellings, a Core Transit Corridor, and bus routes to the north, and public assets such as Lady Bird Lake, Lamar Beach Park, the Hike and Bike Trail, Lance Armstrong Bikeway, Austin High School, and youth fields to the south. HB: 4847-8343-8047.8 D-6/3Thank you for your consideration and please let me know if you need anything from us. Sincerely, Nikelle S. Meade HB: 4847-8343-8047.8 D-6/4Exhibit A: Tract Map HB: 4847-8343-8047.8 D-6/5 Zoning Map D-6/6 VICINITY MAP D-6/7CITY OF AUSTIN Development Services Department Board of Adjustment General/Parking Variance Application WARNING: Filing of this appeal stops all affected construction activity. please complete Section as needed. For Office Use Only If more space is required, Section 1: Applicant Statement 1409, 1501, and 1505 W. 3rd St. and 300 and 301 Pressler St., Austin, TX 78703 See attached metes and bounds. CS-CO-NP and LI-CO-NP Nikelle Meade (Husch Blackwell LLP) Pressler RRI, LP and Steven D. Ogden March 4 2021 Primarily multifamily residential mixed use. D-6/8Portion of the City of Austin Land Development Code applicant is seeking a variance from: ____________________________________________________________________________ LDC Section § 25-2-736(D) (Lamar Subdistrict Regulations) to increase the maximum height ____________________________________________________________________________ from 60 feet (required) to 75 feet (requested). ____________________________________________________________________________ ____________________________________________________________________________ Section 2: Variance Findings The Board must determine the existence of, sufficiency of, and weight of evidence supporting the findings described below. Therefore, you must complete each of the applicable Findings Statements as part of your application. Failure to do so may result in your application being rejected as incomplete. Please attach any additional supporting documents. NOTE: The Board cannot grant a variance that would provide the applicant with a special privilege not enjoyed by others similarly situated or potentially similarly situated. I contend that my entitlement to the requested variance is based on the following findings: Reasonable Use The zoning regulations applicable to the property do not allow for a reasonable use because: ____________________________________________________________________________ They limit the number of people who have direct access to and views of adjacent parkland and ____________________________________________________________________________ Lady Bird Lake, which is a barrier to achieving the purpose of the Waterfront Overlay, which is ____________________________________________________________________________ to "promote the harmonious interaction and transition between urban development and the park ____________________________________________________________________________ land and shoreline of Town Lake and the Colorado River.” The property is currently a former ____________________________________________________________________________ commercial and industrial site, and approval would allow for the redevelopment of the property ____________________________________________________________________________ with a greater capacity for new housing supply than otherwise possible, substantial parkland improvements, new pedestrian amenities, enhanced connectivity, and access to public transit. ____________________________________________________________________________ Hardship a) The hardship for which the variance is requested is unique to the property in that: ____________________________________________________________________________ The property has a long and narrow configuration, at +/- 1,155' wide x 112'-131' deep. The ____________________________________________________________________________ property is also on a bluff, adjacent to parkland to the south and an active railroad to the north, ____________________________________________________________________________ with heritage trees, slopes, easements, and a required setback from an erosion hazard zone, ____________________________________________________________________________ and the planned public plaza, park entrance, railroad crossing arms, trail, required on-site fire ____________________________________________________________________________ lanes, firefighter walkway, and loading all present additional hardships (continued on Page 8). b) The hardship is not general to the area in which the property is located because: ____________________________________________________________________________ A property of this size and configuration is not typical of the area, and there are few other ____________________________________________________________________________ properties that are enclosed by adjacent dedicated City-owned parkland, active railroad tracks, ____________________________________________________________________________ and sloped creek bank, or that have such a large number of public drainage, water, wastewater, ____________________________________________________________________________ and electric utility easements, and on which development would require a new railroad crossing, utility borings under the railroad, an off-site water loop, and an electric loop extension. ____________________________________________________________________________ City of Austin | Board of Adjustment General/Parking Variance Application 09/11/2015 | Page 5 of 8 D-6/9Area Character The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property, and will not impair the purpose of the regulations of the zoning district in which the property is located because: ____________________________________________________________________________ Approval will only enhance the area's character, since the project would include substantial ____________________________________________________________________________ parkland improvements and pedestrian amenities and new connectivity between W. Cesar ____________________________________________________________________________ Chavez St., public transit, and residents and employees to the north, and the Lamar Beach ____________________________________________________________________________ Park, Lady Bird Lake, Lance Armstrong Bikeway, Hike and Bike Trail, and youth fields to the ____________________________________________________________________________ south. In addition, construction would not impair the visibility of the lake due to the nature of ____________________________________________________________________________ surrounding uses and sloping topography, and the Property is outside the overlay setback lines. Parking (additional criteria for parking variances only) Request for a parking variance requires the Board to make additional findings. The Board may grant a variance to a regulation prescribed in the City of Austin Land Development Code Chapter 25-6, Appendix A with respect to the number of off-street parking spaces or loading facilities required if it makes findings of fact that the following additional circumstances also apply: 1. Neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specific regulation because: ____________________________________________________________________________ N/A ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 2. The granting of this variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic of the streets because: ____________________________________________________________________________ N/A ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 3. The granting of this variance will not create a safety hazard or any other condition inconsistent with the objectives of this Ordinance because: ____________________________________________________________________________ N/A ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ 4. The variance will run with the use or uses to which it pertains and shall not run with the site because: ____________________________________________________________________________ N/A ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ City of Austin | Board of Adjustment General/Parking Variance Application 09/11/2015 | Page 6 of 8 D-6/10992-6001 992-6001 D-6/11Section 3: Applicant Certificate I affirm that my statements contained in the complete application are true and correct to the best of my knowledge and belief. Applicant Signature: ____________________________________________ Date: _____________ 03/04/2021 Applicant Name (typed or printed): ___________________________________________________ Nikelle S. Meade Applicant Mailing Address: __________________________________________________________ 111 Congress Ave., Ste. 1700 City: ________________________________________ State: ________________ Zip: _______ Austin 78701 TX Phone (will be public information): ____________________________________________________ 992-6001 (512) 479-1147 Email (optional – will be public information): _______________ Section 4: Owner Certificate I affirm that my statements contained in the complete application are true and correct to the best of my knowledge and belief. Owner Signature: ______________________________________________ Date: _____________ 03/04/2021 Owner Name (typed or printed): ______________________________________________________ Steven D. Ogden Owner Mailing Address: ____________________________________________________________ 15333 FM 1826 City: ________________________________________ State: ________________ Zip: _______ Austin 78737 TX Phone (will be public information): ____________________________________________________ Email (optional – will be public information): ____________________________________________ Section 5: Agent Information Agent Name: ____________________________________________________________________ Nikelle S. Meade Agent Mailing Address: ____________________________________________________________ 111 Congress Ave., Ste. 1700 City: ________________________________________ State: ________________ Zip: _______ Austin 78701 TX Phone (will be public information): ____________________________________________________ 992-6001 (512) 479-1147 Email (optional – will be public information): ______________ Section 6: Additional Space (if applicable) Please use the space below to provide additional information as needed. To ensure the information is referenced to the proper item, include the Section and Field names as well (continued on next page). _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ City of Austin | Board of Adjustment General/Parking Variance Application 09/11/2015 | Page 7 of 8 D-6/12Additional Space (continued) The Property is also encumbered by dedicated public right-of-way that does not actually exist on the ground, which imposes a restriction on the development of the Property even though it does not provide a benefit to the project. Moreover, as compared to other properties in the overlay, the Property is located quite far -- approximately 800' to 1,000' feet -- from Lady Bird Lake, and yet the height restriction is imposed on the Property even though the restriction is not necessary to promote any of the goals of the Waterfront Overlay, and development under the approved variance would not block the view of the lake for anyone or impair access to the lake. In addition, the pedestrian walkway must be public and situated on the Property and will further reduce the buildable area of the Property, but is an important solution to the longstanding problem for the City and area residents that Pressler Street was not fully developed and became a dead end at the railroad tracks. D-6/13Tract 1 1505 W. 3rd Street D-6/14Tract 2 1409 & 1501 W. 3rd Street & 300 Pressler Street Tract 3 301 Pressler Street D-6/15View Toward the North Tract 1 D-6/16View Toward the South Depicting the Property and Where Roadway was Not Continued on the Pressler Street ROW on the South Side of the Tracks Pressler Street D-6/17D-6/18AGENT DESIGNATION LETTER March 4, 2021 City of Austin Board of Adjustment P.O. Box 1088 Austin, Texas 78767-1088 Re: To Whom It May Concern: Letter appointing agent regarding applications for a variance and related matters for property located at 1505 W. 3rd Street, Austin, Texas 78703 (the “Property”) The undersigned, as the owner of the above-referenced Property, hereby appoints Husch Blackwell LLP (Nikelle Meade), as agent in connection with the above-referenced applications and related matters. _________________________ Steven Ogden HB: 4843-2095-8431.1 D-6/19 April 19, 2021 Old West Austin Neighborhood Association Post Office Box 2724 Austin, Texas 78768 elaine.ramirez@austintexas.gov Board of Adjustment c/o Elaine Ramirez Senior Planner and Board of Adjustment Liaison City of Austin Development Services Re: Variance Case No. C15-2021-0035 - Letter of Support of Variance for 300 and 301 Pressler Street and 1409, 1501, and 1505 W. 3rd Street in Austin, Texas (the “Property”) Dear Members of the Board of Adjustment: The Old West Austin Neighborhood Association (“OWANA”) is in support of the proposed multi-family development to be located on the above-referenced Property, including the related variance request to increase the maximum height from 60' to 75'. OWANA supports the variance and the project because the we believe the proposed project will address long-standing issues impacting our neighborhood and help advance the goals of our Neighborhood Plan without cutting against the intent and goals of the Waterfront Overlay. As identified in the 1986 Town Lake Corridor Study, “There is poor pedestrian access to the waterfront from Old West Austin.” The proposed project would solve this problem by the creation and construction of two new accessways that will provide bicycle and pedestrian access from the neighborhood to areas south of the Union Pacific railroad tracks, including Lamar Beach Park, Lady Bird Lake, and the Hike and Bike Trail. The project will also help to achieve the intent of Number 6 of the Top Ten Priorities of our Neighborhood Plan, which calls for a safe route to Austin High School and Town Lake by providing north-south access where the railroad tracks intersect Pressler Street. And, the proposed project will also include substantial improvements to Lamar Beach Park and new railroad safety crossings where the rail line intersects Pressler Street and Paul Street, which is important since the crossing is currently unsignaled. Finally, we are excited about the possibility of bringing residences to this Property, which has historically been developed only as warehouses. We hope the Board supports the requested variance, and we appreciate this opportunity to provide our Associations’ input. Sincerely, Brockett Davidson Chair Old West Austin Neighborhood Association D-6/20Old West Austin Neighborhood Association Post Office Box 2724 Austin, Texas 78768 April 19, 2021 elaine.ramirez@austintexas.gov Board of Adjustment c/o Elaine Ramirez Senior Planner and Board of Adjustment Liaison City of Austin Development Services Re: Variance Case No. C15-2021-0035 - Letter of Support of Variance for 300 and 301 Pressler Street and 1409, 1501, and 1505 W. 3rd Street in Austin, Texas (the “Property”) Dear Members of the Board of Adjustment: The Old West Austin Neighborhood Association (“OWANA”) is in support of the proposed multi-family development to be located on the above-referenced Property, including the related variance request to increase the maximum height from 60’ to 75’. OWANA supports the variance and the project because the we believe the proposed project will address long-standing issues impacting our neighborhood and help advance the goals of our Neighborhood Plan without cutting against the intent and goals of the Waterfront Overlay. As identified in the 1986 Town Lake Corridor Study, “There is poor pedestrian access to the waterfront from Old West Austin.” The proposed project would solve this problem by the creation and construction of two new accessways that will provide bicycle and pedestrian access from the neighborhood to areas south of the Union Pacific railroad tracks, including Lamar Beach Park, Lady Bird Lake, and the Hike and Bike Trail. The project will also help to achieve the intent of Number 6 of the Top Ten Priorities of our Neighborhood Plan, which calls for a safe route to Austin High School and Town Lake by providing north- south access where the railroad tracks intersect Pressler Street. And, the proposed project will also include substantial improvements to Lamar Beach Park and new railroad safety crossings where the rail line intersects Pressler Street and Paul Street, which is important since the crossing is currently unsignaled. Finally, we are excited about the possibility of bringing residences to this Property, which has historically been developed only as warehouses. We hope the Board supports the requested variance, and we appreciate this opportunity to provide our Associations’ input. Sincerely, Brockett Davidson Chair Old West Austin Neighborhood Association D-6/21